What is buyer beware or caveat emptor?

The principle of “buyer beware” applies to property purchases in the UK. The proper legal term for this is “caveat emptor” which is Latin for the slightly longer phrase “let the buyer beware”.

This means that buyers of the property are responsible for inspecting a property before purchase, and there is little come-back if problems are discovered afterwards.

Sellers are not obliged to disclose every potential defect. They are required to answer truthfully any questions asked of them. But for instance, if the owners have not lived in a property (e.g. if they own the property through inheritance) they can rightly say “I don’t know”.

Caveat emptor therefore protects sellers from liability, placing due diligence on the buyer.

So how do you protect yourself?

Importance of surveys and inspections

Buyers should hire qualified professionals, e.g. surveyors, to assess the property’s condition. Depending on the age and nature of the property, they should consider what type of survey to take. There are three types of survey:

RICS Condition Report (Level 1):

RICS HomeBuyer Report (Level 2):

RICS Building Survey (Level 3):

Here at AWB Charlesworth, we always recommend that clients have at least a Level 2 report, and consider a Level 3 if necessary.

Should the survey flag up any additional issues, such as damp or woodworm, specialist experts should be then used to investigate.

Try to think rationally

A survey in 2016 reported that 56% of people “fell in love with their house” when house-hunting. The emotional attachment to a house can be very strong but try and be rational. Is this really your dream house, even after a bad survey? What will it cost to rectify? Could there be better houses available?

Further, in your rush to get into your new property, you may ignore the unanswered questions from the buyer, or the unusual covenants in the title deeds. Use your conveyancer to resolve as many of the issues that a survey and search raise. And take a considered, informed view on any outstanding issues.

Is there any legal protection?

There is protection for buyers, mostly under the rules of disclosure – i.e. have your sellers answered your conveyancer’s questions accurately? Sellers can be held liable for up to six years after a sale for non-disclosure of defects.

Buyers need to prove that the defect existed before the exchange of contracts and that it negatively affects the property’s value.

In our next blog, we’ll look at a recent case, where the seller had to take back his house after the buyers successfully sued. But this is an unusual case, and it’s best to get it right before moving in, to save money, time, and a little bit of heartache.

A good solicitor can guide you through the sometimes complicated world of buying and selling a house, and the solutions available. Should you need more information, please contact Declan Hayes on 01756 692888 or declan.hayes@awbclaw.co.uk

8 August 2025

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